Workplace 101: What is California's mandatory sexual harassment training?

July 15, 1:54 PMLA Workplace Issues ExaminerPeggy Castellano

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For those companies not in compliance with mandatory sexual harassment training, read further.  AB 1825, signed into law in September of 2004 by Arnold Schwarzenegger, is a legal requirement of all employers who do business in California and employ 50 or more employees.

This law mandates sexual harassment training for all supervisors and managers, to provide education, prevent sexual harassment and provide information about remedies for victims of harassment.  Once completed, all training must be conducted every two years for all members of management to continue to enforce the message and enforce anti-sexual harassment policies among company leadership. Newly hired or promoted supervisors must be trained within six months of promotion. Good record keeping is key to demonstrate appropriate compliance to this program.

This author has had the privilege of teaching Anti-Harassment programs for several years, and as a result I'm quite familiar with the legal requirements of AB 1825.  To be consistent and in legal compliance with the law, all Sexual Harassment training must include the following:

• The program should begin with clearly understood definitions of unlawful sexual harassment under the Fair Employment and Housing Act (FEHA), and Title VII of the Civil Rights Act of 1964.
• The class should also present recent legal cases and the remedies involved to settle or litigate those cases.  From personal experience, it's worth noting that presenting the dollar value of a sexual harassment case to a group of fiscally cautious managers is quite an eye opener, particularly in this economy.
• The instructor should provide vivid examples of sexual harassment and misconduct, including a wide variety of tools including role playing, videos, or legal case studies to bring case law to life.
• Managers should review their own internal Anti-Harassment policy, how it works, who's responsible, and what the related procedures look like. No one should leave the room without a clear understanding of company policy and procedure.
• There should be a special topic dedicated to confidentiality.  All matters of sexual harassment must be held in the strictest of confidence throughout an investigation and once a case is closed.
• The instructor should lead the class through a role play dealing with sexual harassment complaints directed at management personnel, and how to respond appropriately.
• E-learning is an appropriate methodology for providing in-house training.  There are numerous providers and resources that can be found on-line but make sure the programs you acquire include interactive features.

If an employer does not complete the mandatory training and receives a sexual harassment complaint, they may face stiff penalties for not offering preventative sexual harassment programs. 

Employers should embrace this training.  It's not just the law, it's an opportunity to do the right thing. Creating an environment that's preventative in nature and discourages individuals from creating a hostile work environment saves a company time, trouble, and potential legal expense. Sexual harassment cases have a negative affect on company culture, environment, and work relationships. Anti-Harassment training can be interesting, educational, and with the right trainer, an enlightening experience.